Internal Revenue Bulletin:
2004-9

March 1, 2004

INCOME TAX

Final regulations under section 42 of the Code remove an impediment to the electronic filing of Form 8609, “Low-Income Housing Credit Allocation Certification.” Regulations section 1.42-1T(h) impeded electronic filing of the form by requiring a taxpayer to include a third-party signature
from an authorized state or local housing credit agency official when filing the form. This regulation eliminates that requirement.

Final, temporary, and proposed regulations under section 6038A of the Code amend existing regulations to provide that a Form
5472 that is timely filed electronically is treated as satisfying the requirement timely to file a duplicate Form 5472 with
the Internal Revenue Service Center in Philadelphia, Pennsylvania. The regulations affect corporations subject to the reporting
requirements in sections 6038A and 6038C that file Form 5472 electronically. A public hearing on the proposed regulations
is scheduled for May 27, 2004.

This notice concludes that taxpayers may use the methodology set forth in Rev. Rul. 2002-62, 2002-2 C.B. 710, to determine
penalty tax implications and whether a distribution from an annuity contract is part of a series of substantially equal periodic
payments under section 72(q)(2) of the Code.

This notice provides relief from the application of the information reporting rules set forth in Rev. Rul. 2003-43, 2003-1
C.B. 935, with respect to payments for medical care under health flexible spending arrangements and health reimbursement arrangement.

This procedure provides issuers of qualified mortgage bonds and qualified mortgage credit certificates with average area purchase
price safe-harbors for statistical areas in the United States and with a nationwide average purchase price for residences
in the United States for purposes of the mortgage revenue bond rules under section 143 of the Code (and the mortgage credit
certificate rules under section 25). Rev. Procs. 87-19, 93-15, and 94-55 obsoleted in part.

This document contains a notice of a public hearing on proposed regulations (REG-163974-02, 2003-38 I.R.B. 595), which propose
removing provisions of the regulations that apply a look-through rule to assets of a nonregistered partnership for purposes
of satisfying the diversification requirements of section 817(h).